Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 40C

             (1)  A person who is a defence member or a defence civilian is guilty of an offence if:

                     (a)  the person:

                              (i)  drives a service vehicle in any place, whether a public place or not; and

                             (ii)  is not authorised to drive that vehicle; or

                     (b)  the person uses a service vehicle for an unauthorised purpose.

Maximum punishment:        Imprisonment for 3 months.

             (2)  An offence under this section is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (3)  It is a defence to a charge under subsection (1) if the person proves that he or she had a reasonable excuse for the relevant conduct.

Note:          The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code .